Division of Assets (AI)
The division of assets solicitors are the ones that take care of dividing the assets and liabilities of a couple or family. The solicitors will look at the financial situation and decide how to divide everything fairly.
Getting a financial agreement
When you divorce or end a civil partnership you and your ex-partner need to agree how to separate your finances.
This includes deciding how you’re going to divide:
- pensions
- property
- savings
- investments
- any business interests
When dividing assets the Court, and solicitors will take account of various factors when advising their clients. These are known as Section 25 factors (Section 25 of the Matrimonial Causes Act 1973).
These are as follows:
- The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
- The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- The standard of living enjoyed by the family before the breakdown of the marriage;
- The age of each party to the marriage and the duration of the marriage;
- Any physical or mental disability of either of the parties to the marriage;
- The contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
- In the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, because of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Besides the legal process of obtaining a divorce, and all aspects involving children, there are also many important financial elements which require consideration.
For some couples this can be quite a straightforward exercise. Unfortunately for many the sensitive issues arising in financial discussions, especially where contributions are unequal or where there is just not enough money to go round can lead to disputes.
When it comes to sorting out your divorce or dissolution and financial arrangements, a specialist family lawyer is a worthwhile investment. They will help you to focus on what is important and what is not and help you to achieve a timely and amicable resolution where possible.